Terms of Service

Read the terms and conditions and privacy policies set out in this “Agreement” thoroughly before accessing or using this website or any service or tool (“Tool”) it contains including, but not limited to, any information presented, calculators, calculations, descriptions, or any other material contained or to which a referral is made. All accessing of this website or use of any Tool it contains is done under the terms and conditions and privacy policies set out in this Agreement. If you (“User”) do not agree to this Agreement, you should immediately cease all accessing and usage of this website and all Tools it contains.

Terms and Conditions

The purpose of this website and/or any Tool it contains is to make it easier for property owners to get information about programs and solutions for electric vehicles and their properties, and then, if User specifically requests, to help connect them with contractors and/or vendors to purchase products, conduct the work and seek financing for the energy and water efficiency-related improvements. Participation is voluntary. Therefore, if you submit information into this website and/or any Tool it contains, including information that may considered personal, you agree and acknowledge that you are providing such information voluntarily, and that you are permitting the disclosure of your personal information subject to the terms and conditions provided in Agreement.

The potential consequences of not providing all or any part of the requested information in this website and/or any Tool it contains include but are not limited to; an inability to provide you the best information, and an inability to properly connect you with contractors, utilities, financial institutions and other participating partners to facilitate your energy and water efficiency upgrade project. You may be able to benefit from programs and incentives not provided by Franklin Energy contacting the issuing entities directly, outside of this website and/or any Tool it contains.

The principal purposes for collecting this information (“Principal Purposes”) include but are not limited to:

Providing you with information about electric vehicles, energy and water efficiency system upgrades, incentives, potential savings, contractors and financing

Connecting you directly with contractors, utilities, financial institutions and other participating partners to facilitate your energy and water efficiency system upgrade project

Monitoring, verification and evaluation of electric vehicle, energy and water efficiency system projects

Participating in any of these programs and submittal of your personal information into this website and/or any Tool it contains requires your voluntary consent to disclose your personal information for the Principle Purposes described above, at any time without limitation after you submit the information, except that your personal information will only be disclosed to those specific contractors or financial institutions which you expressly authorize by further specific consent unless compelled by a court of law.

Terms Under Which You Use This Website And/Or Any Tool It Contains

Warranties

To the fullest extent permitted by applicable law, Franklin Energy and any of its service providers including, but not limited to, AM Conservation Group, make no representations or warranties of any kind, express or implied, regarding the use or the results of this website and/or any Tool it contains in terms of its correctness, accuracy, reliability, availability, or otherwise, and disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. This website and/or any Tool it contains is provided on an “as is” and on an “as available” basis.

Liability

To the fullest extent permitted by applicable law, neither Franklin Energy nor any of its service providers including, but not limited to, AM Conservation Group or any of their officers, directors, shareholders, employees, affiliates, agents, sponsors, endorsers, advisors, licensors, or any other party including those involved in creating, producing, or distributing this website and/or any Tool it contains and/or related material will be held responsible or liable, directly or indirectly, for incorrect information, typographical errors, accuracy, content, timeliness, completeness, legality, reliability, availability, quality, suitability or decency of any information, advice, content, material, service, product or merchandise contained anywhere on this website and/or any Tool it contains or referred to by same.

Neither Franklin Energy nor any of its service providers shall be liable for any special, direct, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, loss of goodwill or loss of use, arising out of or related to this website and/or any Tool it contains or the information contained in it or referred to by it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Franklin Energy and/or any of its service providers has been advised of the possibility of such damages, however caused, whether based upon contract, negligence, tort, under statute, in equity, at law, or otherwise warranty, or any other legal theory, arising out of or related to User?s use of this website and/or any Tool it contains; this limitation applies even if it causes any warranty to fail of its essential purpose. Among others, such damages may result or arise from; (a) the use of and reliance on information provided this website and/or any Tool it contains; (b) the inability to use this website and/or any Tool it contains; (c) mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to this website and/or any Tool it contains, including without limitation those that result from acts of god, communications failure, theft, destruction, or unauthorized access to records, programs, or service; (d) merchandise, products, or services received through or advertised on this website and/or any Tool it contains or affiliated properties and merchandise, products, or services received through or advertised or in any way presented on any links provided on this website and/or any Tool it contains or on those affiliated properties; (e) information or advice received through or advertised on this website and/or any Tool it contains or its affiliated properties, and information or advice received through or advertised on any links provided on this website and/or any Tool it contains or on affiliated properties; and (f) any information, data, text, messages and other materials that User emails, posts, uploads, reproduces, transmits or otherwise distributes using this website and/or any Tool it contains and/or related systems. Because some jurisdictions do not allow certain restrictions, exclusions or limitations of liability, in such jurisdictions liability is limited to the fullest extent permitted by law. If User is dissatisfied with any portion of this website and/or any Tool it contains, or with any part of Agreement, User?s sole remedy is to discontinue use of this website and/or any Tool it contains.

Indemnification

To the fullest extent permitted by applicable law, User agrees to indemnify, defend and hold the , Franklin Energy and its service providers including, but not limited to, AM Conservation Group and their parents, subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature, and including reasonable attorneys? fees and costs, made by any third party due to or arising out of User?s use of this website and/or any Tool it contains, violation of this Agreement, or infringement by User, or other user of this website and/or any Tool it contains using User?s facilities, of any intellectual property or any other right of any person or entity.

Third-Parties

This website and/or any Tool it contains may include links to other websites on the Internet that are owned and operated by third parties. User acknowledges that Franklin Energy and its service providers including, but not limited to, AM Conservation Group are not responsible for any content related to or product obtained from any third-party site including, but not limited to, its correctness, accuracy, timeliness, completeness, legality, reliability, availability, quality, suitability or decency. The User should contact the administrator or webmaster for those third-party websites if User has any concerns regarding such links or the content located thereon. The User?s use of third-party websites is subject to the terms and conditions of each of those websites; Users are encouraged to review those terms and conditions. User acknowledges that any reliance on representations and warranties provided by any third party shall be at User?s own risk. In addition, Franklin Energy and its service providers make no warranties or representations whatsoever with regard to information obtained from third party data sources and used by this website and/or any Tool it contains; User acknowledges that reliance on such information is at User?s own risk. Franklin Energy and its service providers make no warranties or representations as the accuracy of the information supplied by or to any third parties.

Governing Jurisdiction

Wisconsin law governs this website, any Tool it contains, and this Agreement. Franklin Energy and its service providers including, but not limited to, AM Conservation Group, make no representation that this website and/or any Tool it contains are appropriate, legal or available for use in other locations. This Agreement shall be construed and interpreted according to the substantive law of Wisconsin and all disputes will be resolved in the Wisconsin state courts. The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use this website and/or any Tool it contains in any way that violates state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Modifications and Interruptions

Franklin Energy and its service providers including, but not limited to, AM Conservation Group, reserve the right to modify or discontinue this website and/or any Tool it contains with or without notice to the User. Franklin Energy and its service providers shall not be liable to User or any third party should Franklin Energy and/or its service providers exercise their right to modify or discontinue this website and/or any Tool it contains. User acknowledges and accepts that Franklin Energy and its service providers do not guarantee continuous, uninterrupted or secure access to this website and/or any Tool it contains, and operation of this website and/or any Tool it contains may be interfered with or adversely affected by numerous factors or circumstances outside its control.

This website is owned by Franklin Energy. To the fullest extent permitted by applicable law, Franklin Energy and any of its service providers including, but not limited to, AM Conservation Group, reserve the right, at their sole discretion, at any time, to modify Agreement without prior notice in a manner consistent with applicable laws and regulations. Modifications shall become effective immediately upon being posted. User?s continued accessing of this website and/or any use of any Tool it contains after amendments are posted constitutes an acknowledgement and acceptance of Agreement and its modifications. It is highly recommended that User checks Agreement for any changes prior to any accessing and/or usage of this website and/or any Tool it contains.

Intellectual Property

All content included or available on this website and/or any Tool it contains including, but not limited to, trademarks, calculations, algorithms, website design, Tool design, text, graphics, interfaces, and the selection and arrangements thereof are the property of Franklin Energy and/or its service providers and/or third parties with all rights reserved, and are protected by intellectual property rights. Any use of such materials including, but not limited to, reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Franklin Energy and/or its service providers and/or third parties, as appropriate, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy this website and/or any Tool it contains or the content contained therein, or any part thereof, without prior written permission of an authorized officer of Franklin Energy and/or its service providers and/or third parties, as appropriate. Some of the materials found on this website and/or any Tool it contains may be subject to copyrights held by other organizations.

Entity

User declares that they are an actual person, of eighteen years of age or older, that they possess the right to provide the information submitted, and that the information submitted is accurate, complete and truthful.

Privacy Policy

Your privacy is a critical concern for the Franklin Energy and its service providers, including AM Conservation Group, and under no circumstances will Franklin Energy and its service providers sell or share any personal information about you to or with any other person or organization except: as expressly authorized by you or as may be required by law or court order. This Privacy Policy, as set forth below, describes the standards we adhere to in handling information about you, your property, and your use of any of the services or Tools related to this website.

1. Information Collected

Personal Information

This website may prompt a user of the service, depending on the user?s actions and requests, for personal or secure login information. For example, when a user attempts to store updates to their property characteristics or to save their on-line project files for later retrieval, the necessary information to create or access a password-protected account for that user may be requested. Additionally, when such an active account user requests and authorizes project files or other information to be released to one or more third-party vendors, the user may be prompted to provide more personal information for the purpose of facilitating such contact with those vendors.

Examples of the types of personal and property-related information that our website may collect include:

1.  Email Address(es)

2.  Account User Name(s)

3.  Personal Password(s)

4.  Names

5.  Site or Property Address(es)

6.  Contact Phone Number(s)

7.  Type and Physical Characteristics of Buildings on Site or Property

8.  Tax Lot or Other Property Identifying Information

9.  Property Use Characteristics

10 .Size of Site or Property

 

Technical information

We collect and track certain technical information to promote a beneficial experience. We may also use technical information to store your preferences and make future visits to this website quicker for you.

1.   Cookies ? a cookie is a small file stored on a user?s computer that contains information about the user. We use either session ID cookies (which terminate once a browser is closed) or persistent cookies (which are small text files stored on a user?s hard drive for an extended period of time). Cookies allow us to understand how and when you use our website, but they cannot be used to track personal information such as email address or phone number. Cookies also allow us to store the personal preferences that you set during each visit to our sites which can speed up your future visits.

2.   Log files ? This website uses log files to track how it is being accessed and used. Log files track anonymous user information such as IP addresses, browser types, Internet service providers, referring and exit pages, platform type, date and time stamps, and number of clicks to, from, and within our sites. Web logs are tracked only on Franklin Energy servers and those of our service providers and do not place anything on your computer.

2.   How Your Information is Used

How we share some information with contractors

When you submit your information to this website and you authorize and request that it is shared with contractors and/or vendors, your information is used to match you with, and is transmitted to, contractors and/or vendors who you specifically select who can best serve your needs to facilitate their direct contact with you.

How we internally use technical information to improve performance

This website uses technical information such as cookies and web logs to understand how our websites are being used and their effectiveness in promoting energy demand reduction and water efficiency. We can also use cookies to retain your preferences so that when you return to this website, you can navigate more easily without having to re-enter certain information. Additionally, by analyzing the data that cookies and web logs provide, we can determine how to improve our web sites and outreach campaigns to better serve those using this website.

Vendor Communications

By submitting information to this website and by expressly selecting specific contractors and/or vendors through this website, those contractors and/or vendors may contact you using the contact information you may have provided. In order to stop such communications, you must contact those contractors and/or vendors directly and request that they stop communicating with you.

If you decide to communicate with, and/or purchase products and/or services from any contractor and/or vendor selected by you and who contacted you as a result of an introduction by this website, all further communications with those contractors and/or vendors are not covered under this policy. You should thoroughly read the Privacy Policy of each contractor and/or vendor you select for an introduction in order to make sure that you are comfortable with their policies.

If you have any questions about this policy, you can contact us in a number of ways:

  1. by using the Contact Us form
  2. by postal mail at Franklin Energy, 102 N. Franklin Street, Port Washington, WI 53074.
  3. by calling our office at 262.284.3838
  4. by sending an email to inquiries@franklinenergy.com